Special leave is the time off that the Labor Code recognizes outside annual leave for certain life events. Five paid days for marriage or a death in the family, three paid days for the spouse when a child is born, and up to thirty unpaid days for a serious illness of a family member. Maternity leave has its own regime, with a work ban 35 days before and 63 days after childbirth.
This page shows each leave, who is entitled to it, how long it lasts, and what protections accompany the postpartum period.
Read also: Schedule, breaks and leaves: the complete guide
Article 96 contains three cases, added and amended by Law No. 136/2015. They are independent of annual leave and are not deducted from it.
| Case | Duration | Payment |
|---|---|---|
| The employee's marriage | five days | Paid |
| Death of a spouse, partner, parents, or children | five days | Paid |
| Birth of a child, for the spouse or cohabiting partner | three days | Paid |
| Serious illness of a family member, verified by a report. | Up to 30 days | Unpaid |
Article 96 mentions the spouse or cohabiting partner, direct ancestors and direct descendants. That is, parents, grandparents, children, and grandchildren. Brothers and sisters are not included in this article.
Point 3 of Article 96 was added by Law No. 136/2015. In the event of a child's birth, the spouse or cohabitant is entitled to three days of paid leave. This special leave is often overlooked and requires no approval, only the birth certificate.
Read also: Annual leave: 22 working days per year
Article 104 establishes a prohibition, not a right of choice. Work is prohibited for pregnant women 35 days before childbirth and 63 days after childbirth. When a woman is carrying more than one child, the first period is extended to 60 days.
Income during this period is determined by social security legislation, not by the employer.
Article 105, paragraph 2, makes it clear. After the 63-day postpartum period, the woman decides for herself whether she wants to work or to receive social security benefits.
When she decides to return to work, Article 105, paragraph 3, grants her a right until the child turns one year old. She chooses between two options.
The choice is the employee's, in agreement with the employer on how to organize it.
The code builds a three-step ladder when the workplace is not suitable for the employee.
The same rate also applies to night work, according to Article 108.
Article 104, paragraph 2, prohibits the employment of pregnant or breastfeeding women in heavy or dangerous work that harms the health of the mother and child. The list is determined by a decision of the Council of Ministers.
Read also: Safety and health at work, employer's obligations
Article 107(1) is one of the strongest provisions of the Code. The employer's notice of termination of the employment contract is invalid during the period in which the employee is entitled to receive social security benefits in the event of birth or adoption.
Point 2 also covers cases where the departure began earlier. When notice was given before the start of the protection period and the deadline has not yet expired, it is suspended during that period and resumes only afterward.
An employee receives notice of her departure on February 10, with one month's notice. On February 20, the pre-partum protection period begins. The notice period is suspended on February 20 with ten days remaining, and those ten days resume only after the protection period ends. Resignation before that date is invalid.
Article 106 is dealt with separately. In the event of the adoption of a newborn child, the employee is entitled to the leave provided for in the social security legislation. It is granted to only one of the adoptive parents.
During this period, the employer cannot force that parent to work.
Upon the expiration of the leave, the employee is entitled to return to his original position or to an equivalent position with no less favorable conditions, and to receive any improvements in conditions that would have been granted during his absence.
Each leave requires proof and a note in the file. Without these, the days are not documented as either paid or unpaid.
The request and approval are kept together with the supporting document in the employee's file.
Caution: The thirty days of serious family illness leave are unpaid, but they do not constitute an unjustified absence. Treating them as dereliction of duty is a serious mistake, because the right derives directly from Article 96.
Read also: The employee's file and the documents kept
Five paid days, pursuant to Article 96, paragraph 1. The same provision applies in the event of the death of a spouse, cohabiting partner, parents, or children.
Three days of paid leave, pursuant to Article 96, paragraph 3.
No. They are up to 30 days of unpaid leave, certified by a medical certificate.
35 days before childbirth and 63 days after it. When a woman is carrying more than one child, the first period is extended to 60 days.
After the 63-day postpartum period, she decides for herself. Before that period, work is prohibited.
Until the child turns one year old, the employee may choose between a two-hour paid break within the workday or a two-hour reduced workday with full pay.
Not during the protection period. The remedy announced during that period is invalid under Section 107.
No. They are independent and do not reduce annual leave days.
Read also: Contributions and benefits from social security
